SACKLER v. SACKLER


16 A.D.2d 423 (1962)

Abraham M. Sackler, Appellant, v. Gloria Sackler, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 28, 1962.


Attorney(s) appearing for the Case

Charles Rothenberg of counsel (Sidney Rothenberg with him on the brief; Rothenberg & Atkins, attorneys), for appellant.

Morris H. Halpern (Edward J. Bloustein and Abraham J. Heller with him on the brief), for respondent.

UGHETTA and HILL, JJ., concur with BELDOCK, P. J.; CHRIST and HOPKINS, JJ., dissent and vote to affirm, in separate opinions.


BELDOCK, P. J.

On April 5, 1961, in the Supreme Court, Kings County, the defendant wife obtained a judgment of separation from the plaintiff husband and thereafter moved into her own apartment. Some four months later, on August 20, 1961 at about 3:30 A.M., plaintiff and other members of a raiding party (none of whom was a police officer) entered defendant's apartment without her consent and without a search warrant...

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